Council amends 2003 Adams Ranch PD

During its regular Nov. 19, 2019 meeting, the Forney City Council heard scathing public input, approved Forney Daycare (on 741), Trinity Crossing, Ryhn Addition, 2nd McDonald's, Adams Ranch, winery zoning, a water conservation plan, tabled Appraisal Dist. appointment. (watch official video)

Mayor Penn, stating that small business creates 64% of new local jobs, and that 68% of sales return to the community, Proclaimed Nov. 30 as Small Business Saturday
Mayor Penn presented the GFOA Certificate of Achievement for Excellence in Financial Reporting to Ms. Woodham and Ms. Wilson; the City has received this award for 22 years.
Public Comment
- Mr. Daniels said he originally saw good people, now he sees corruption, fraud, abuse of power, open racism and it has to stop. He's never seen awards given to people of color. He said he is calling for Mr. Carson's resignation, has an envelope he will send to 200 cities to let them know Mr. Carson is on the way. He spoke about death-trap streets and drains, streets with no sidewalks or curbs.
  He said he came here from Dallas 3 years ago, wouldn't be able to get away w/ this in major cities. Mayor Penn has broken his community's heart, her cell-phone goes straight to voice-mail and it's full.
  He ended with "an injustice to one is an injustice to all":King. If he's wrong fighting for his community, then God Almighty is wrong.
Approved as one consent item:
- a Resolution to Amend the Designation of the Authorized Official On the Rifle Resistant Body Armor Grant.
- Accept Public Improvements - American National Bank
- authorizing the creation of an employee benefits trust.
- advertising a Request for Qualifications (RFQ) - Architectural Services for City Facilities Expansions
- a final plat for Forney Daycare Addition, located east of the F.M. 741 and Monitor Boulevard intersection.
- a final plat for Trinity Crossing Phase 5B, located south of F.M. 740 and west of F.M. 460.
- a final plat for Trinity Crossing Phase 5C, located south of F.M. 740 and west of F.M. 460.
- a preliminary plat for Ryhn Addition, located north of Don T. Cates Drive and east of North F.M. 548.
- a site plan for McDonald's, located east of the F.M. 1641 and F.M. 548 intersection.
- the authorization to allow staff to seek construction bids for the Trailhouse Roadway Project, Phase Two and all related issues.
Tabled, until Dec. meeting, a Resolution confirming the reappointment of Robert Dobbs to the Kaufman County Appraisal District Board by the Forney Independent School District.
Mr. Thomas said Mr. Thatcher said they could move this to executive session. He is not questioning the appointee, but the appointment process. Mr. Thatcher said process discussion is appropriate for open session. Mr. Thomas said the resolution from FISD mentions the FISD and city sharing the appointee, stating the city is a non-voting member. He questioned why no one at the city was contacted about who gets appointed.
There was a lengthy discussion about how the appointment and sharing process works.
Mr. Thomas said would like to table the item and discuss with the FISD what the process will be. Mayor Penn felt the city should have more representation. She asked if Mr. Dobbs would continue in his position; Mr. Thatcher said term runs until Dec. 31, district has requested approval before Dec. 1. Mayor Penn said this has been discussed in the past, then dropped. Mr. Thatcher said it hasn't been forgotten, but was a need for clarification and research, and there was a new Chief Appraiser appointed.
Approved awarding insurance benefits for the employees of the City of Forney and authorizing the City Manager to execute the contract documents.
Mr. Johnson said have seen decreases before, wonders if benefits decreased. Ms. Woodham said got a new broker, who got them a better rate. Claims were lower last year, some of the decrease was because they were paying too much before. None of the plans changed. Mayor Penn said she discussed that with Mr. Carson; she asked if they have health programs for employees or lower claims; Ms. Woodham said non-smoking program just started in Oct. but just had lower claims.
Held Public Hearings -
- Approved an Ordinance amending the City of Forney Comprehensive Zoning Ordinance by creating a zoning classification and definition for a winery use.
  Mr. Morgan briefed the council, stating was similar to what did for brewery. This use was requested, by Ms. Staci Webb. This would include on- and off-premise consumption. Was approved by P&Z.
  Ms. Webb spoke, has lived in Forney several years, would like to bring this business to Forney. They currently have a bar area in Ben Wheeler. She hopes to open this downtown. Mayor Penn asked if that would involve the 300 ft limit; Mr. Thatcher said council granted City Manager certain rights to approve.
- Approved 6-1 (Johnson:nay) an Ordinance changing the zoning for the Adams Ranch Planned Development, consisting of 88.4 acres of property located west of Ranch Road and north of the Brookville Estates Planned Development. The requested zoning includes a planned development with single-family residential, townhome, and non-residential uses.
  Mr. Morgan provided details about the development: this SF district is N. of Brookville, W. of Ranch Rd. Zoning set in 2003: SF11 is base, 249 lots, 25 ft setback, 10,560 sq. ft. average lot size, 8400 - 12000 min lot size, Home sizes of 1,500 to 2,200 sq. ft. Proposed are 4 distinct area:
  A: SF-6 89 lots at 6,800 min lot, homes 1,800-1,900;
  B: SF-6 203 lots at 5,750 min lot, home sizes 1,700-1,800, the 25 ft setback for garage came from P&Z stipulation, encouraged by staff concerns;
  C: SFA townhomes 110 units, 2,250 lot min, 12 units / acre is within Comp. Plan, Home size 1,500;
  D: Neighborhood Services in 2 tracts, also amendment by P&Z, to move from GR to NS. Street A will connect Ranch to FISD property. P&Z had discussion with sidewalk widths, now set at 4 ft. Wider sidewalks and higher min floor sizes were not stipulated in the approval.
  Mr. Thomas asked if P&Z spoke with builder regarding those items; Mr. Morgan said he feels there was some thought about them, but they were not in motion.
  Mr. Gary Crawford said he just moved here, he asked if there was a transportation master plan? It's hard to get around. Mr. Thomas said some of this was addressed in the Kaufman Bond that was just passed. Mr. Morgan said the thoroughfare map was recently amended, they required this new road to be wider.
  Mr. Craig Smiley, representing the owner, said he was available for questions. Mr. Thomas asked if they were opposed to changing the minimum dwelling size; the developer would prefer to keep it at 1500, but is more important to get approved. Mr. Thomas said this was approved 16 years ago, people want to see more. He thinks the sidewalks should be 5 ft. Mr. Smiley said they are hemmed in on that, nearby sidewalks are 4 ft, they want to keep things consistent. Mr. Thomas asked what Diamond Creek, Brookville sizes are. Mr. Morgan said 4 ft, but the new street will be heavily traveled by children going to school. Mr. Thomas said would like the perimeter sidewalks a little wider. Mayor Penn said it's a safety issue, just where the kids will be. Mr. Smiley said could keep 4 ft along Ranch, and 5 ft on the new road.
  Council discussed having 1800 min on all dwellings and 5 ft sidewalks on Street A.
  Mr. Johnson expressed a desire for more diversity, have too many small lots now. Mr. Moon suggested waiting, since everyone has issues. There was lengthy discussion about PD's and future development.
  Moved to approve with: 1800 min space to 2500 max for all structures, sidewalk St. A is 5 ft wide.
Approved 6-1 (Moon:nay) an Ordinance amending Chapter 3, Article 3.08 of the Code of Ordinances by adding Division 4, Network Nodes and Node Support Poles to regulate the physical use, occupancy and maintenance of City rights-of-way by wireless network providers.
Mr. Thatcher said these two items are related. In 2017 was new legislation changing how cities may regulate these facilities. This provided fee structure, as allowed by law.
A Rep. from T-mobile, representing their engineers, spoke: he thanked council for considering this. The law provides these small cells, which will work for 5g. He requests they table it; they just learned about his yesterday, they would like to review the design manual. Mr. Thomas asked him why t-mobile is the only one here? Mr. Goldman doesn't know, they found out from a system that tracks these items. Mr. Thomas asked what about the manual brought them here; the Rep. didn't know, since they just found out. Other cities have approved ordinances that slow down implementation. There were issues about requiring underground requirements; they require poles. Mr. Carson said they don't know if there is a problem; the rep. said would like more time to review. Mayor Penn asked Mr. Thatcher if t-mobile is there customer. Mr. Thatcher said in 2017 city wasn't interested, have been getting questions from other providers. Much of it is from TML guidelines, they were not in a position to seek approval from all providers. It's his opinion they move forward. Mr. Thomas said they could always amend the ordinance. Ms. Powers asked if they have had problems with manual or ROW? both. Mr. Thomas asked where got this manual; Mr. Thatcher said TML put out this template, nothing extreme in it for Forney. Other cities have adopted it. Mr. Myers asked if state worked with carriers to provide the standard; Mr. Thatcher said generally lobbyists are involved in the legislation, such as setting fees, he's sure they had input. Mr. Carson asked if t-mobile was ready to build in Forney; yes, they are in Frisco and business in Dallas. Mr. Zook said there have been no requests for small-cell; the Rep. said that's correct, they are working on the macros cells (that would feed the small-cells). Ms. Powers is undecided. Mr. Myers asked what the issue is with tabling; Mr. Thatcher said need to have it in place before applications are received. Mr. Zook said he's had experience with this type of installation, he doesn't see a need to let a provider set the standard.
Approved action on the adoption of the Design Manual by the City of Forney, Texas for the Installation of Network Nodes and Node Support Poles (Wireless Service Small Cells) pursuant to Texas Local Government Code, Chapter 284.
Approved an Ordinance amending the Code of Ordinances and Subdivision Ordinance to amend the review procedures for parkland dedication or parkland dedication fees.
Mr. Morgan said multiple council members requested this change; currently 1st step is to present to parks board, then council. To streamline, will go directly from staff to council. Mr. Johnson asked if the ordinance establishing the parks board must be amended. Mr. Thatcher said generally yes, but because is most recent ordinance it will supersede previous ordinance.
Approved a Resolution approving a Landscape Maintenance Agreement for services on Gateway Boulevard between the City of Forney and South Forney, LLC.
Mr. Thatcher said this regards Gateway Blvd from 548 to 1641; developers have been managing it. In this TIF, will shift everything curb-to-curb to city. Developer will continue to maintain entry features. Mr. Johnson asked about costs; Mr. Thatcher said the costs submitted looked very high. Mr. Carson said much of the cost was the entry features. Mr. Myers asked if there was a contract; Mr. Thatcher said city would not assume a contract.
Approved an Ordinance amending the Forney EDC 2019-20 Fiscal Year budget to transfer $36,258 from the EDC Fund Balance to the EDC Project Expense line item.
Mr. Ketteman said the board approved these funds for 548 & marketplace. Laramie has 300k in the project; when they went to connect to the sewer where plans showed it, it wasn't there. It was under the street. This was published in the newspaper, it had a 60-day waiting period. Mr. Thomas asked if any other incentives for this developers; no.
Approved the 2019 Water Conservation Plan and Ordinance.
Mr. Sailler said the current plan was approved in 2014, required to update every 5 years. Plan is to save water, with goals for city and residents. For city: meter upgrades, leak detection, rate structure that has higher rates for higher usage, public education, landscape irrigation regulation for business and residents, maximum 2 days per week, shutoff valves if washing cars in driveway. Drought contingency plan is different, was approved a few weeks ago. in 2014 av gal / day was 77, now is 64, saves 95 million gallons per year.
City Manager's report - TxDOT public hearing at FHS Nov. 21, continuous frontage roads on I-20. His pet peeve is bandit signs, he thanks PD, Community Development, Public Works for everyone working together to pick them up. Charity Wilson doesn't just get awards, Christmas decorations are her passion around the city. Mr. Carson also said Sharing the Love presented an award to the mayor. Mr. Thatcher said should add something to the minutes; the public forum allows citizens to speak on any matter, they are afforded certain protections. Elected officials and staff are held to a high standard; when people start slinging insults, most are required to grin and bear it. He wanted to state the allegations were unfounded, the city doesn't hire racists.
Council Comments - Mr. Thomas agreed with Mr. Thatcher, citizens are in good hands; Mr. Myers agrees if he thought anyone had those qualities stated, he would speak up about it, he believes have great leaders, the thanks Mr. Carson for recognizing the value of charity; Ms. Powers thanks Mr. Thatcher for what he said, experiencing racism more often that one would think in 2019, she wishes the speaker would know more about the town, that part of town is an old part of the city, Forney has gone through many changes, hope to make it better for everyone, she hopes the speaker understands things take time, wish things had been done better, she was on the council when the drains were done; Mr. Moon thanked Mr. Thatcher for stating that, if those comments had merit, he would raise his hand; Mr. Cooper thanks staff and EDC for 25 years; Mr. Johnson appreciates what Ms. Powers said, that area was built the normal way then, would be very expensive. Mayor Penn said other areas of town have the same problem, other original areas of Forney, progress takes time.
Held a 43-minute executive session re:
Took No Action, Adjourned at 2129

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Tuesday, 2019, November 19